Timmerman v. Gurnsey

Plaintiffs’ principal proposition is that, by virtue of a mutual agreement of the parties, canceling a part of the term, made after the alleged fraud was discovered by defendants, the fraud and cause of action for damages on account of it were waived.

Defendants’ claim is that plaintiffs showed them the farm when it ivas covered with snow, representing that it was well tiled and drained. In reliance on the representation, a ’ lease was executed, December 10, 1925, for the term of two years from March 1, 1926, for the annual rental of $1,046.50, payable in December and February of the rental…